Terms of Service

Last Updated: July 15, 2023

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Aussie Adventures ("we," "us," or "our") governing your access to and use of our website (aussieadventures.com.au), mobile applications, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Changes to Terms

We may modify these Terms at any time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the beginning of these Terms. By continuing to use the Services following such modifications, you agree to be bound by the modified Terms.

3. Eligibility

You must be at least 18 years of age to use our Services or book tours. By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement
• You will comply with these Terms and all applicable laws and regulations

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms.

4. Account Registration

To access certain features of our Services, you may need to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, outdated, or incomplete.

5. Booking and Payment Terms

5.1 Tour Bookings

When you book a tour through our Services, you agree to:

• Provide accurate personal and payment information
• Pay all fees associated with the booking
• Comply with all terms specific to the tour or experience
• Meet all requirements for participation (e.g., health, fitness, etc.)

5.2 Pricing and Payment

All prices are quoted in Australian Dollars (AUD) and include applicable taxes unless otherwise stated. Payment can be made using the methods specified on our website. Your payment information will be processed securely according to industry standards.

5.3 Cancellation and Refund Policy

Our standard cancellation policy is as follows:

• Cancellations made 60+ days before departure: Full refund minus a $100 AUD administration fee per person
• Cancellations made 30-59 days before departure: 50% refund
• Cancellations made less than 30 days before departure: No refund

Some tours may have different cancellation policies, which will be clearly stated at the time of booking. We strongly recommend purchasing travel insurance to protect against unexpected changes in your travel plans.

5.4 Tour Modifications

We reserve the right to make changes to any tour if necessary due to weather conditions, safety concerns, or other factors beyond our control. In the event of substantial changes, we will notify you as soon as possible and offer alternatives or refunds as appropriate.

6. Code of Conduct

When using our Services and participating in our tours, you agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Post or transmit harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Attempt to interfere with the proper functioning of our Services
• Engage in behavior that endangers yourself, other travelers, our staff, or local communities
• Disrespect local customs, cultures, or environments

We reserve the right to remove any participant from a tour or deny access to our Services if they violate this code of conduct, with no refund provided.

7. Intellectual Property Rights

7.1 Our Content

The Services and their contents, features, and functionality, including but not limited to text, graphics, images, videos, and software, are owned by Aussie Adventures or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our materials without our express written permission.

7.2 User Content

By submitting content to our Services (such as reviews, photos, or comments), you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, publicly display, reproduce, and distribute such content in connection with our Services and business operations.

You represent and warrant that you have all rights necessary to grant us this license and that your content does not violate the rights of any third party or any applicable laws.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected. We are not responsible for any losses resulting from unauthorized access to your personal information.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AUSSIE ADVENTURES, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE 12 MONTHS PRECEDING YOUR CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Aussie Adventures, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your use of the Services
• Your violation of the rights of any third party
• Your conduct in connection with the Services

11. Release of Claims

You acknowledge that travel and adventure activities involve inherent risks. By booking a tour with us, you voluntarily assume all risks and dangers associated with the activities and release Aussie Adventures from any liability for injury, death, damage, loss, or delay due to any reason, including accidents, illness, injury, acts of God, or the negligence of others.

12. Third-Party Links and Content

Our Services may contain links to third-party websites or services that are not owned or controlled by Aussie Adventures. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or assume any liability for any third-party sites, information, materials, products, or services.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Sydney, Australia for the resolution of any disputes arising from these Terms or your use of the Services.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Aussie Adventures regarding the Services and supersede all prior agreements and understandings, whether written or oral.

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